Hammond v. Rosewell

DECISION

This matter came before the Court for hearing on plaintiff's motion to strike the jury trial demand contained in defendants' answer. The plaintiff claims that there is no right to a jury trial in this adverse possession action.

Analysis

Dalo v. Thalmann, 878 A.2d 194 (R.I. 2005), provides an example of the Rhode Island Supreme Court's approach to a right to a jury trial determination. In this case, the co-maker of a promissory note, sued by a creditor attempting to collect on the note, argued that she was entitled to a jury on the issue of damages. Id. at 199. The Supreme Court…